MECHANICAL REPAIR SERVICE CONTRACT
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- Bertram Fowler
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1 MECHANICAL REPAIR SERVICE CONTRACT This agreement describes the coverage You will have under Your Mechanical Repair Service Contract (hereafter referred to as Service Contract ). In return for payment by You of the Service Contract Price and subject to all the terms of this Service Contract, We agree with You as follows: I. WHAT THIS SERVICE CONTRACT COVERS Coverage - During the Service Contract Period We will pay a Repair Facility, or at Our option, reimburse You the Cost to remedy any Mechanical Breakdown of the parts listed below, less Deductible. Parts not listed are not covered by this Service Contract. At the Administrator s option, replacement parts used in covered repairs may include new, remanufactured, used or non-original equipment manufactured parts. All parts will conform to manufacturer s specifications. 1. VISION POWER TRAIN COVERAGE: A. ENGINE - Cylinder block, cylinder heads, and all internally lubricated parts including: pistons, piston pins, piston rings, connecting rods, connecting rod bearings, crankshaft and main bearings, camshaft and lifters/followers (lifters or followers which have not failed, and only require cleaning are not covered), intake and exhaust valves, push rods, rocker arm shafts, rocker arms, timing drive components including timing chains/belts (timing chain or belt which is being changed as part of the manufacturer's preventive maintenance schedule, is not covered). Valve train covers, intake and exhaust manifolds, flywheel, oil pump, and oil pan. Internal engine sensors. B. AUTOMATIC TRANSMISSION - Case and all internally lubricated parts including: planetary gear systems, clutch and steel packs, clutch drums, bands, internal seals, pump, valve body, internal sensors and internal solenoids, and overrunning or one way clutch assemblies. Torque converter and the torque converter housing. C. STANDARD TRANSMISSION - Case and all internally lubricated parts, including: input shaft, output shaft, idler shafts, main shaft, all internal gears, shift forks, and synchronizer assemblies. Standard transmission clutch assemblies, linkages, and hydraulic clutch units are not covered. D. TRANSFER CASE - Transfer case on all four wheel drive vehicles and all internally lubricated parts. E. DIFFERENTIAL - Front or rear differential housing and all internally lubricated parts (excluding wheel bearings). Drive shaft universal joints. (NOTE: Front or rear CV joints and front or rear wheel bearings are NOT covered). F. LABOR - Labor charges are based on Mitchell flat rate time to repair or replace a covered component up to one hundred dollars ($100.00) per hour of posted labor time. G. SEALS AND GASKETS - provides replacement of seals and gaskets which are leaking fluids (lubricants or coolant). Slight seepage is not considered to be a covered repair (size of a quarter in 24 hours). (NOTE: Vacuum leaks are not covered). T1
2 H. EMERGENCY ROAD SERVICE - In the event Your Vehicle is disabled, We will dispatch a service Vehicle to Your location to assist You. In the event Your Vehicle is unable to continue under its own power, Your Vehicle may be towed to a location of Your choosing. You will receive twenty-five (25) miles of towing at no cost. Any additional mileage will be Your responsibility and payment will be expected at the time service is rendered. When calling for towing or road service, You must call You will be required to give the representative assisting You the following information: Producer Code-96581, Your Member Number (which is Your contract number on the top right of Your contract) and Your plan letter which is U. Coverage: You are entitled to one (1) service per seventy-two (72) hours. Services available to You at no cost are: a tow up to twenty-five (25) miles, battery jumpstart, flat tire change, fuel delivery (You are responsible for the actual cost of the delivered materials), locksmith. Reimbursement: In the event Your Vehicle is disabled and You contracted for any of the above covered services on Your own, You will be able to submit Your original receipted road service expenses for reimbursement consideration. Maximum for any covered services is strictly limited to one hundred dollars ($100.00). You must send Your original receipted roadside bills along with a letter of explanation to: Prime Auto Care, Inc., 1081 Hanover Street, Wilkes- Barre, PA, VISION POWER TRAIN PLUS COVERAGE - INCLUDES ALL OF 1. VISION POWERTRAIN COVERAGE IN ADDITION TO: A. RENTAL CAR - Thirty dollars ($30.00) per day up to 3 days after claim is opened. We are not responsible for repair facility's inability to schedule repair or obtain parts. B. AIR CONDITIONING - AC compressor, AC clutch and clutch coil on vehicles with factory 134 air conditioning units. Condenser, condenser fan motor. C. AXLE SHAFTS - Axle shafts on front wheel drive vehicles after the greater of 30 days or 1,000 miles. Boot failure or damage resulting from boot failure is NOT covered. D. LIMIT OF LIABILITY - Our maximum liability under the Power Train coverage (1 or 2) is to repair the Vehicle within the terms of the contract up to a maximum lifetime benefit equal to the lesser of the value of the Vehicle at the time of sale or the NADA retail book value at the time of repair. OTHER WARRANTY STATEMENT: ANY LOSS COVERED BY THE VEHICLE MANUFACTURER'S WARRANTY AT THE TIME OF FAILURE OR ANY OTHER APPLICABLE WARRANTY IS NOT COVERED BY THIS AGREEMENT. 3. VISION SELECT COVERAGE - SELECT COVERAGE INCLUDES ALL OF 1. VISION POWER TRAIN AND 2. VISION POWER TRAIN PLUS COVERAGE IN ADDITION TO: A. FUEL SYSTEM - Primary Fuel Pump B. DIFFERENTIAL - Front or rear axle joints. Boot failure or damage resulting from boot failure, is NOT covered. C. COOLING SYSTEM - Fan and fan clutch, primary electric fan motor, primary water pump, and radiator. T2
3 D. AIR CONDITIONING - Compressor, compressor clutch, clutch coil, evaporator, and condenser on vehicles with factory installed air conditioning originally equipped with R134a. AC dash control and modules. E. STEERING - Steering gear, rack and pinion, and all internal parts. Power steering cooler and lines. Power steering pump (electric or engine driven), steering column shaft and couplings. F. SUSPENSION - Front or rear springs which are broken. Control arms, control arm bushings, and upper or lower ball joints. Control arm shafts, front or real wheel bearings, spindles, radius arms and bushings. Stablizer bar, links and bushings, torsion bars, and hub assembly. (NOTE: Items which are worn beyond service limits are not covered without the Wear and Tear option). G. BRAKES - All brake components, including all components of the anti-lock brake system including: wheel cylinders, front or rear calipers, brake springs, pins, and hardware kits, wheel speed sensors (sensors damaged by bad wheel bearings are not covered), brake hoses, brake lines, brake combination or proportioning valves, master cylinder, ABS pump, ABS module, ABS hydraulic unit, ABS hydraulic control unit, ABS accumulator, parking brake actuator. (NOTE: Brake linings, pads, rotors and drums are NOT covered). H. ELECTRICAL - Alternator, voltage regulator, front or rear wiper motors (head lamp wiper assemblies are NOT covered), starter motor, power window motors and regulators, power seat motors, and power door lock actuators. I. TRIP INTERRUPTION In the event of covered Mechanical Breakdown which occurs more than one hundred (100) miles from Your home and results in a repair facility keeping the Vehicle overnight, We will reimburse You for receipted motel and restaurant expenses, up to ninety dollars ($90.00) per day for a maximum of three (3) days. Total benefits shall not exceed two hundred seventy dollars ($270.00) Per Occurrence. Prior authorization is not required for Trip Interruption benefits. J. LABOR - Labor charges are based on Mitchell flat rate time to repair or replace a covered component up to one hundred twenty-five dollars ($125.00) per hour of posted labor rate time. K. LIMIT OF LIABILITY - Our maximum liability under the Select Coverage is to repair the Vehicle within the terms of the contract up to a maximum lifetime benefit equal to the lesser of the value of the Vehicle at the time of sale or the NADA retail book value at the time of repair. 4. VISIONARY COVERAGE - VISIONARY COVERAGE INCLUDES ALL COMPONENTS COVERED UNDER: 1. VISION POWER TRAIN COVERAGE, 2. VISION POWER TRAIN PLUS, 3. VISION SELECT COVERAGE IN ADDITION TO: A. ENGINE - All factory installed sensors use to monitor engine performance, including: oxygen MAS, MAP, TPS, vacuum, coolant temp, knock, cam, crank and oil level, oil pressure, fan temperature, and EGR position sensors. Engine control module, fuel injection control module. External Engine Components: harmonic balance, crankshaft pulley, engine mounts, idler pulleys, intercooler, belt tensioners, timing cover, emission air pump and contol valve, crankcase ventilation valve, EGR valve and cooler, throttle body, idle air control motor or solenoid, factory oil cooler, oil filter adapter, and T3
4 thermal vacuum valves. B. TRANSMISSION - External solenoid packs, factory transmission control module, powertrain control module, related sensors and external control solenoids or motors. C. DIFFERENTIAL AND TRANSFER CASES External shift solenoids, levers, or mechanisms. D. COOLING SYSTEM - Fan control module, heater motor, heater control module, heater core, coolant pump for heater, coolant heater solenoids or control valves. E. AIR CONDITIONING - AC radiator cooling fan, drier, orifice tube, AC control module. F. ELECTRICAL - Sun roof motors, convertible top motors or actuators, power antenna, power mirrors, cruise control computer and actuator; power trunk, tailgate, hatch, and side door motors or actuators (including vacuum motors or actuators). Remote door lock receivers. Wiring harnesses. Ignition lock cylinder, all manually operated switches. Driver information gauges. (NOTE: Remote transmitters or key fobs, GPS, Radio, Stereo Systems, CD Changers, MP3 players, TV, Disc Players, Satellite Radio, and Onstar units are NOT covered). G. RENTAL CAR Thirty dollars ($30) per day for up to five days after a covered claim is opened. We are not responsible for the repair center's inability to schedule the repair or obtain parts. H. LABOR Labor rate is modified up to one hundred fifty dollars ($150.00) based on Mitchell accepted flat rate time to repair or replace a covered component. I. FUEL SYSTEM Primary and secondary fuel pumps, fuel injectors, fuel rails, fuel pressure regulator(s), fuel control module. J. TURBOCHARGER/SUPERCHARGER - Factory installed turbo/supercharger, waste gate, and control module. K. FLUIDS Up to one hundred dollars ($100.00) fluid allowance for any covered repair including R134a refrigerant. L. DIAGNOSTIC CHARGES Up to two hours or one hundred dollars ($100.00) diagnostics coverage (whichever is less). M. LIMIT OF LIABILITY - Our maximum liability under the Visionary Coverage is to repair the Vehicle within the terms of the contract up to a maximum lifetime benefit equal to the lesser of the value of the Vehicle at the time of sale or the NADA retail book value at the time of repair. Only the components listed under the Category of Coverage, that you have chosen (as indicated on the front page of this Service Contract), are covered by this Service Contract. No other components, systems, or units, are covered by this Service Contract. Once this contract is in effect, coverage cannot be upgraded or changed in anyway. II. KEY TERMS - When used, Key Terms will appear in bold print. Vehicle means the covered car or truck shown on the front of this Service Contract. You and Your mean the customer (private individual) shown on the front of this Service Contract, or an eligible person to whom this Service Contract has been properly transferred. We, Us and Our mean the obligor of this Service Contract: Prime Auto Care, Inc., 1081 Hanover Street, Wilkes-Barre, PA 18706, ; Fax: (570) T4
5 Administrator means the company that provides, administrative services for this Service Contract: Prime Auto Care, Inc., 1081 Hanover Street, Wilkes-Barre, PA 18706, ; Fax: (570) Mechanical Breakdown - A Mechanical Breakdown under this contract, is defined as the inability of a covered component or assembly to perform as designed under normal operating conditions, due solely to defects in materials or faulty workmanship. This DOES NOT include the gradual reduction in operating performance due to wear and tear. For coverage of wear beyond service limits, the Wear and Tear option must be selected. Cost means the reasonable and customary charges for parts and labor necessary to repair or replace the parts covered. These charges shall not exceed the manufacturer s suggested retail price for parts and labor allowances derived from nationally recognized labor time publications. At the Administrator s option, replacement parts used in covered repairs may include new, remanufactured, used or non-original equipment manufactured parts. All parts will conform to manufacturer s specifications. Warranty means any Warranty of the manufacturer, state required Warranty, dealer Warranty or a Repair Facility guarantee. Deductible means the amount You must pay for covered repairs per visit. The standard Deductible is $100 per component repair with a $200 max per visit. If Your Cost is a Warranty Deductible charge imposed by the manufacturer, this Service Contract will pay the manufacturer s Deductible. Months means the number of Months shown on the front of this Service Contract. Miles means the number of Miles shown on the front of this Service Contract. Service Contract Price means the amount You paid for this Service Contract shown on the front of this Service Contract. Service Contract Purchase Date means the date You purchased this Service Contract. Repair Facility means a franchised dealer or licensed Repair Facility. Repairs performed by any facility must receive authorization from the Administrator prior to beginning repairs. Selling Dealer means the dealer from whom You purchased this Service Contract shown on the front of this Service Contract. III. WHAT THIS SERVICE CONTRACT DOES NOT COVER MAINTENANCE AND PARTS NOT COVERED: THE MAINTENANCE SERVICES AND PARTS DESCRIBED UNDER MAINTENANCE REQUIREMENTS AS SHOWN IN THIS SERVICE CONTRACT OR IN THE MANUFACTURER S MAINTENANCE SCHEDULE FOR YOUR VEHICLE. IN ADDITION, WE WILL NOT PAY BENEFITS: 1. FOR COSTS COVERED BY ANY WARRANTY OF THE MANUFACTURER, STATE REQUIRED WARRANTY, DEALER WARRANTY, INSURANCE POLICY, REPAIR T5
6 FACILITY S GUARANTEE, OR ANY OTHER GUARANTEE REGARDLESS OF WHETHER THEY HONOR SUCH WARRANTY OR GUARANTEE. 2. WHEN REPAIRS ARE PERFORMED WITHOUT THE ADMINISTRATOR S PRIOR AUTHORIZATION. 3. FOR A MECHANICAL BREAKDOWN CAUSED BY OR INVOLVING COLLISION, FIRE, THEFT, CONDITIONS OF THE ENVIRONMENT, DAMAGE THAT RESULTS FROM SOMEONE ALTERING THE VEHICLE, MISUSING THE VEHICLE, TAMPERING WITH THE VEHICLE, MAKING IMPROPER ADJUSTMENTS, IMPROPER FUELS, IMPROPERLY MAINTAINING THE VEHICLE, FAILING TO MAINTAIN THE VEHICLE WITHIN MANUFACTURER S RECOMMENDATIONS, DAMAGE OR FAILURE OF A COVERED COMPONENT CAUSED BY AN NON- COVERED COMPONENT, AND PREVIOUS OR IMPROPER REPAIRS. 4. FOR LOSS OF TIME, ECONOMIC LOSS, INCONVENIENCE, LODGING, FOOD, FREIGHT CHARGES, CORE CHARGES, STORAGE CHARGES, OR OTHER CONSEQUENTIAL LOSS OR DAMAGE THAT RESULTED FROM A MECHANICAL BREAKDOWN. 5. FOR A MECHANICAL BREAKDOWN WHEN CONTAMINATED OR POOR QUALITY FLUIDS, FUELS, LUBRICANTS OR GREASE CAUSED OR CONTRIBUTED TO THE MECHANICAL BREAKDOWN OR FOR DAMAGE CAUSED BY FUELS CONTAINING MORE THAN 10% ETHANOL IF THE VEHICLE WAS NOT MANUFACTURED FOR THIS FUEL MIXTURE. 6. FOR FLUID LEAKS OR DAMAGE THAT RESULTS FROM FLUID LEAKS. 7. FOR ANY MECHANICAL BREAKDOWN CAUSED BY CONTAMINATION, OVERHEATING, LACK OF COOLANT OR LUBRICANTS. 8. FOR A MECHANICAL BREAKDOWN CAUSED BY OR INVOLVING MODIFICATIONS UNLESS THOSE MODIFICATIONS WERE PERFORMED BY THE MANUFACTURER (E.G. OVERSIZED TIRES, LIFT KIT [UNLESS CHECKED OFF ON FRONT PAGE AND VEHICLE IS DECLARED A CLASS 4 VEHICLE], AFTERMARKET PERFORMANCE PARTS OR SYSTEMS). 9. FOR A MECHANICAL BREAKDOWN CAUSED BY ABUSE, MISUSE, ALTERATIONS OR LACK OF CUSTOMARY MAINTENANCE AS RECOMMENDED IN SERVICE CONTRACT SECTION IV A. MAINTENANCE REQUIREMENTS AND/OR IN THE MANUFACTURER S MAINTENANCE SCHEDULE FOR YOUR VEHICLE. 10. FOR A MECHANICAL BREAKDOWN OF A COVERED PART RESULTING FROM THE FAILURE OF A NON-COVERED PART. 11. FOR A MECHANICAL BREAKDOWN CAUSED BY OR INVOLVING EQUIPMENT, COMPONENTS OR SYSTEMS NOT INSTALLED BY THE MANUFACTURER. 12. IF YOUR VEHICLE S ODOMETER HAS BEEN STOPPED, ALTERED OR MISREPRESENTS YOUR VEHICLE'S ACTUAL MILEAGE, WHEREBY THIS CONTRACT WILL BE CONSIDERED VOIDED. 13. FOR A MECHANICAL BREAKDOWN THAT IS A DIRECT RESULT OF A MECHANICAL OR STRUCTURAL DEFECT WHEN THE MANUFACTURER HAS ANNOUNCED A PUBLIC RECALL FOR THE PURPOSE OF CORRECTING SUCH A DEFECT. 14. FOR ADDITIONAL LOSS OR DAMAGE WHICH IS OCCASIONED BY YOU OR OPERATOR S FAILURE TO USE ALL REASONABLE PRECAUTIONS TO T6
7 PROTECT THE VEHICLE FROM ANY FURTHER LOSS OR DAMAGE AFTER A MECHANICAL BREAKDOWN OR FAILURE HAS OCCURRED OR BEEN INDICATED. 15. FOR A MECHANICAL BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE SERVICE CONTRACT PURCHASE DATE. 16. IF YOUR VEHICLE HAD BEEN DECLARED A TOTAL LOSS, SALVAGED OR JUNK VEHICLE. 17. FOR EXPENSES CHARGED FOR DISPOSAL OF ENVIRONMENTALLY UNSAFE MATERIALS. 18. FOR EXPENSES CHARGED FOR NON-SPECIFIC MATERIALS OR SHOP SUPPLIES. 19. IF YOUR VEHICLE WAS MANUFACTURED AS A NON-U.S. SPECIFICATION MODEL. 20. FOR A MECHANICAL BREAKDOWN CAUSED BY TOWING A TRAILER OR ANOTHER VEHICLE UNLESS YOUR VEHICLE IS EQUIPPED FOR THIS AS RECOMMENDED BY THE MANUFACTURER. 21. FOR A MECHANICAL BREAKDOWN CAUSED BY USING YOUR VEHICLE FOR RACING OR OTHER COMPETITION. 22. IF YOUR VEHICLE HAS BEEN MODIFIED TO PLOW SNOW, WHETHER THE SNOW PLOW BLADE IS ATTACHED TO THE VEHICLE OR NOT. 23. FOR A MECHANICAL BREAKDOWN CAUSED BY RUST OR WEATHER RELATED CORROSION. 24. IF YOUR VEHICLE IS USED FOR COMMERCIAL PURPOSES. EXAMPLES OF COMMERCIAL USE INCLUDE BUT ARE NOT LIMITED TO: TAXI, POLICE CAR OR OTHER EMERGENCY VEHICLE, HAULING, CONSTRUCTION (OTHER THAN DRIVING TO AND FROM WORK), PICKUP AND DELIVERY SERVICE, DAILY RENTALS, CARRY PASSENGERS FOR HIRE, SNOWPLOWING AND COMPANY POOL USE OR BUSINESS TRAVEL WHEN THE VEHICLE IS USED BY MORE THAN ONE DRIVER. 25. IF YOUR VEHICLE IS AN EXOTIC VEHICLE OR IS A TRUCK RATED MORE THAN 1 TON. 26. FOR REPAIRS MADE SOLELY TO MEET OR MAINTAIN ANY GOVERNMENTAL EMISSION STANDARDS. 27. DAMAGE CAUSED TO YOUR ENGINE, TRANSMISSION, TRANSFER CASE OR AXLE ASSEMBLY RESULTING FROM WATER INGESTION. 28. FOR REPAIRS OF WATER AND AIR LEAKS, RATTLES, SQUEAKS AND WIND NOISE. 29. FOR REPAIRS RECOMMEND BY A MANUFACTURER'S TECHNICAL SERVICE BULLETIN (TSB). 30. ANY COMPONENT WHICH IS NOT LISTED IN THE SELECTED COVERAGE SECTION AS SHOWN ON THE REGISTRATION PAGE. T7
8 IV. YOUR RESPONSIBILITIES A. Maintenance Requirements and Service History - In order to keep Your Service Contract valid, You must follow the maintenance procedures listed below. If Your failure to follow these procedures causes a Mechanical Breakdown, You may be denied coverage. Your Vehicle must be serviced receiving all scheduled maintenance as recommended by the Manufacturer in the Owners Manual. You must keep receipts which verify the Vehicle Identification Number and all repair orders/maintenance records issued by the Selling Dealer/Repair Facility performing the required services on Your Vehicle. Repair order/maintenance records must include the date, a description of Your Vehicle, mileage and list in detail each of the services performed and maintenance parts replaced. We may require You to furnish the Administrator with proof that the specified services have been performed. Failure to show proof of servicing may result in denial of coverage. B. Filing a Claim - If Your Vehicle incurs a Mechanical Breakdown, You must take the following steps to file a claim: 1. Prevent Further Damage Take immediate action to protect Your Vehicle from further damage. Your Contract will not cover the damage caused by not securing a timely repair when a Mechanical Breakdown has occurred. You are responsible for observing Your Vehicle warning lights and gauges, and taking appropriate action immediately to prevent further damage. Failure to do so may result in the denial or the limitation of Coverage. 2. Take Your Vehicle to any licensed Repair Facility. Your Vehicle must be at a Repair Facility for a claim to be opened. If You need assistance in locating a Repair Facility, contact the Administrator at Provide Repair Facility with a copy of Your Contract and/or Your Contract Number. 4. Prior Approval Prior to any repair being made, have the Repair Facility to contact the Administrator with the estimate of repairs containing both parts and labor, and to obtain an authorization for the claim. The Administrator can be contacted Monday through Friday, 9:00 a.m. to 7:00 p.m. EST at Emergency repairs, done outside of working hours, may be submitted to Customer Service with a letter of explanation for payment consideration. If it is determined that a covered component has failed and the estimate for the repair is agreed upon by our adjuster, an authorization number will be issued by the Administrator. The amount authorized by the Administrator is the maximum amount that will be paid for repairs covered under the terms of this Contract. No repairs are to be made on Your Vehicle until an authorization number is issued by the Administrator. Any claim for repairs without prior authorization will not be covered. 5. Authorize Tear-Down - Authorize the Repair Facility to perform necessary diagnostic work and provide teardown authorization so that the Repair Facility can provide accurate diagnosis and estimate of repairs. 6. Allow the Administrator to inspect Your Vehicle prior to any repairs being made. T8
9 7. After investigating Your Vehicle s component failure, in case of a discrepancy in findings, the Administrator reserves the right to have repairs done at a location other than the one you have selected. 8. Payment of Claims - To obtain payment for a covered repair You, or the Repair Facility must submit a legible copy or original repair order to the Administrator. Repair orders must be readable and understandable, and contain the following information: Repair Facility name, address and phone number, Your name, address and phone number, repair diagnosis, parts and labor hours, authorization number, vehicle identification number, vehicle mileage, year, make and model. Authorization number issued by the Administrator must appear on all receipts submitted for reimbursement. No invoices will be processed without a valid authorization number. Once authorization is obtained, and the repair is completed, all repair orders and documentation must be submitted to the Administrator within 180 days to be eligible for payment. CUSTOMER'S INITIALS I have read and understand my responsibilities as outlined in Section lv Your Responsibilities (WA State only). V. GENERAL PROVISIONS 1. Service Contract Period - The term of this Service Contract is the Months/Miles as shown on the Service Contract. The term begins on the Service Contract Purchase Date as shown on the Service Contract. The term ends when the Months from the Service Contract Purchase Date is reached or when the Miles are registered on the odometer, as indicated in the MILEAGE AT CONTRACT EXPIRATION box as shown on the registration page, whichever occurs first. 2. When And Where You Are Covered - This Service Contract applies only to Mechanical Breakdowns occurring within the contract period in the continental United States of America, Alaska, and Hawaii. 3. If You Have Other Coverage - If the manufacturer or Repair Facility agrees to cover all or some of the Cost of a Mechanical Breakdown after a Warranty or guarantee has expired, We will pay only for any extra Cost subject to the limits of this Service Contract. 4. Limit of Liability - Our limit of liability is the Cost to repair or replace any covered Mechanical Breakdown. Our maximum liability per repair shall not exceed the amount listed in the section "Limit of Liability" under the specific individual coverage you have chosen. The total of all benefits payable for the term of the Service Contract shall not exceed the original purchase price of the Vehicle, as shown on the front of the Service Contract, or the NIADA value of the Vehicle at the time of repair. 5. Subrogation - If We pay for a loss, We may require You to assign to Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. 6. How This Service Contract May Be Transferred - This used vehicle service contract is transferable to subsequent owners. The charge to transfer is one hundred dollars ($100.00). The transferred service contract will remain in effect for the remainder of the original coverage period. Without a transfer to the new T9
10 owner, this contract is terminated at the time of sale or when the contract holder no longer owns the vehicle. 7. How This Service Contract May Be Canceled - Including Refunds And Charges Cancellation By You - You may cancel this Service Contract at any time. To cancel, You must submit a written request and return the Service Contract to the Administrator. If You cancel this Service Contract within thirty (30) days of the Service Contract Purchase Date, a 100% refund of the Service Contract Price will be made, less any claims paid. All refunds will be paid to the Lienholder, if any, otherwise to You. Cancellation By Us - We may cancel this Service Contract for any reason within ninety (90) days of the Service Contract Purchase Date or any time with just cause (unless otherwise as indicated by Your state, within the State Amendment section), including: If there has been a material misrepresentation or fraud; If You have failed to maintain Your Vehicle as prescribed by the manufacturer. If Your Vehicle s odometer is inoperative, inaccurate, or has been altered and You have failed to repair the odometer; If You do not pay the Service Contract Price. If You use Your Vehicle in any manner not covered by this Service Contract; or If Your Vehicle has a salvage title. If We cancel this Service Contract, We will mail You written notice prior to cancellation. A pro-rata refund of the unused Months will be made. The pro-rata refund will be calculated by multiplying the Service Contract Price by the percentage of the unused Months compared to the total Months of Your Service Contract Period. All refunds will be paid to the Lienholder if any, otherwise to You. Cancellation By Lienholder - If this Service Contract is financed, the Lienholder (shown on the front of the Service Contract) may cancel the Service Contract in the event You default in Your obligation to such Lienholder or in the event Your Vehicle is declared a total loss or is repossessed. 8. Insurance - Our obligations under this Service Contract are insured under an Insurance Policy issued by Wesco Insurance Company, 59 Maiden Lane, 6th Floor, New York, NY In the event We cease to operate, are bankrupt or Your claim is not paid within sixty (60) days after proof of loss has been filed, You may file a direct claim with Wesco Insurance Company. To do so, please call the following tollfree number for instructions: Entire Service Contract - This Service Contract represents the entire agreement between You and Us. No person has the authority to change this Service Contract or to waive any of its provisions. No other written or oral statements apply to this Service Contract. T10
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